“MOTHER CHARGED WITH DISORDERLY CONDUCT AND PUBLIC INDECENCY FOR BREASTFEEDING AT CARTER LAKE STILL AWAITING FORMAL APOLOGY FROM LARIMER COUNTY PARK OFFICIALS”
Berthoud, Larimer County, July 28, 2005 – On Thursday afternoon, July 14, 2005, Berthoud Mother, Dorian Ryan, was charged with Disorderly Conduct and Public Indecency for breastfeeding her infant son at the swim beach at Carter Lake. “After breast feeding her son under the cover of two umbrellas and a towel, Ms. Ryan was confronted by Park Rangers and issued a summons and complaint for knowingly exposing her genitals in a public area,” stated Mitchell Tacy, a Berthoud Attorney.
Under Colorado law (C.R.S.25-6-302), a woman has a right to breastfeed her child in public. “In 2004, Gov. Bill Owens signed a law making it legal for a mother to breastfeed an infant in public in Colorado. Despite state law, Carter Lake Park Officials issued Ms. Ryan a Summons and Complaint and told her that if she continued to breastfeed her infant son she would be asked to leave the park,” stated Attorney Tacy. “Apparently, the Larimer County Parks and Open Lands Department felt they knew better than Governor Bill Owens, the Colorado Legislature, and The American Academy of Pediatrics because Park Officials simply ignored State law and used park regulations to prohibit lawful conduct.”
The Summons and Complaint issued to Ms. Ryan on July 14th charged her with violating Section K(2) of the Larimer County Parks and Open Lands Regulations. Section K(2) defines Disorderly Conduct and Public Indecency: “to knowingly expose one’s genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the areola.” Ms. Ryan’s Summons and Complaint charged her with violation of K(2), “to knowingly expose one’s genitals in a public area.” Attorney Tacy stated, “it is outrageous for a mother to have been charged in this manner for simply nursing her infant child.”
Ms. Ryan and several other parents who were also visiting Carter Lake’s swim beach on July 14th were similarly outraged. Ms. Ryan stated: “This is my child. This is how he gets nourishment. There is nothing indecent about a mother discretely feeding her infant.” Another Berthoud parent also at the swim beach with his wife and children on Thursday, Tom Castles, stated, “I was about four feet away from Ms. Ryan. She had completely surrounded herself with two large umbrellas. She was not indecently exposed.”
The incident on July 14th was not Ms. Ryan’s first brush with Carter Lake park officials regarding breastfeeding. One week prior, Ms. Ryan was told that the park’s ban on breastfeeding was meant to protect her and her children, as the policy would prevent perverts and peeping toms from frequenting the swim beach to look at mothers breast feeding. “There is a certain sick irony to park officials taking that position, then watching people through binoculars to see if they can spot this type of activity,” said Attorney Tacy. “In Ms. Ryan’s case, it appears that park officials were watching and waiting to see if she would breastfeed her infant son.”
After receiving the Summons and Complaint, Ms. Ryan contacted the La Leche League of Fort Collins, and was told that Colorado had a law that made it legal to breastfeed in public. A La Leche League representative provided Ms. Ryan with internet links to the law and to the legislative declaration that endorses and discloses the benefits of breastfeeding (http://www.lalecheleague.org/Law/Bills11a.html and http://www.leg.state.co.us). She then called park officials and left messages informing them of the law and requesting that Summons and Complaint be torn up. On Saturday, July 16, 2005, Ms. Ryan did receive a call from Dan Rieves, Park Manager at Carter Lake. “They discussed the situation, and Ms. Ryan was told that the summons would be taken care of and that she would be sent a formal written apology. To date, Ms. Ryan has received no such apology, nor has she received any formal notice that the charges have been withdrawn or her appearance date, scheduled for September 22nd, has been vacated,” stated Attorney Tacy. “Ms. Ryan has no intent of pleading guilty to a charge of exposing her genitals in a public area. What she wants is a written apology and to be able to go to the swim beach with her family and breastfeed her infant son when he is hungry.”
Ms. Ryan stated, “for three years, I have enjoyed the swim beach at Carter Lake. My children are always with me, and I have never before had a problem or comment from the park rangers about my breastfeeding. In the past, the rangers were always friendly and welcoming. The current situation is nothing short of harassment. But, I will continue to go to the swim beach with my kids, my friends, and their children.”
“Something needs to change at Carter Lake,” Attorney Tacy added. “There are many children that go to Carter Lake’s swim beach. For some strange reason, the Parks
Department can’t provide a lifeguard, but they can provide park rangers to monitor the beach area to make sure a mother doesn’t breastfeed her child.”
“I want my children’s summer memories to be of happy times at the beach, swimming, building sand castles, and eating cupcakes,” Ms. Ryan added. “I do not want those memories tarnished by the images of park officials harassing their mom. Nursing
mothers and their families should be welcome at all Larimer County park facilities.”
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More news will be forthcoming on this particular incident, according to Attorney Tacy. I have a copy of the Summons and Complaint issued to Ms. Ryan; you may email me if you would like to see it for yourself. ~ Ali
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